INS Clarification on I-193 Waivers and Policy for Deferred Inspection and Parole

The INS issued a clarification regarding instructions to Ports of Entry ("POEs") on I-193 Waivers and explained that the standards that must be met for the waiver have not changed. A I-193 waiver allowed District Directors and their designees at ports of entry, in their discretion, to waive the documentary requirements for entry in the cases of unforeseen emergencies. The change the INS directed to POEs relates only to who may grant waivers. According to an INS memorandum, only District Directors, Deputy District Directors and Assistant District Directors for Inspections and Assistant District Directors for Examinations have the authority to grant these waivers and this authority may no longer be delegated to anyone else. In addition, only District Directors, Deputy District Directors and Assistant District Directors for Inspections and Assistant District Directors for Examinations have the authority to grant deferred inspections or any other types of parole into the United States.

As such, in addition to I-193 waivers, POE officers must also obtain approval from the District Director, Deputy District Director and Assistant District Director for Inspections and Assistant District Director for Examinations for waivers for returning permanent residents who do not possess the normal documents required for entry. Further, while refugees may still be eligible for 30-day deferred inspection, approval for the deferred inspection now must be granted by a District Director, Deputy District Director and Assistant District Director for Inspections or Assistant District Director for Examinations.

Moreover, all Authorizations for Parole of an Alien (Form I-512) issued by overseas INS offices must be approved by the District Director or Deputy District Director. However, stateside authorizations of Form I-512 do not need to have the approval of the District Director, Deputy District Director or Service Center Directors.

Finally, in the case of aliens in possession of Form 512 or Form 512L pursuant to adjustment applications or the LIFE act, POE officers do not need to obtain the approval of District Director, Deputy District Director and Assistant District Director for Inspections and Assistant District Director for Examinations to parole them. However, please note that they are still subject to the normal INS inspection process.

Courtesy of the American Immigration Lawyers Association.